General terms and conditions of use
Updated: February 25, 2020
Please read these terms and conditions of use carefully.
The editor of the Platform is the company WIIN (hereinafter referred to as the "WIIN"), SAS with a share capital of €18,000; registered with the Paris Trade and Companies Registry under number 825055528, whose registered office is located at 15 rue Jean Macé, 75011 Paris France.
The Platform is managed by WIIN and its clients (the "Organizers") who have subscribed to an offer proposed by WIIN allowing them, under certain conditions, to affix their name and graphic identity without referring to WIIN.
Your access to and use of the Platform are conditioned by your acceptance of and compliance with these GCU. These conditions apply to all visitors, Users, Organisers and all persons accessing and using the Platform. You thus guarantee that you are of legal age in your country of residence at the time you use the Platform and that you are legally entitled to communicate information online. If you are under the age of majority, you guarantee that you have obtained the consent of your guardian and that he or she agrees to be bound by these TOS on your behalf.
By using the Platform, Users certify that they have read, understood and accept without reservation all of these TOS and undertake to comply with them.
If you do not agree with all or part of these TOS, you must not and will not be able to access the Platform.
ARTICLE 1 - OPERATION OF THE PLATFORM
The Platform allows Organisers to configure processes for collecting information (hereinafter, the "Process") from Users, which Processes may include the following steps:
a request to create an account;
and in general one or more steps for informing, collecting, requesting, receiving, displaying, sharing information of any kind as long as it does not violate these T&Cs and as long as it corresponds to the offer subscribed to by the Organizer.
For example: the setting up of a Platform and a Process allowing the collection of information in the context of a call for projects requesting information on Users and the filing of documents of any nature necessary for the assessment of Users' projects.
The Organiser has a Platform enabling it to create one or more Processes depending on the offer to which it has subscribed. This Platform can be offered, depending on the offer subscribed to, as a white label to the Organiser, which means that the Organiser has the possibility :
Under these conditions, it is possible that the User may not be aware that he/she is working on a Platform made available to an Organiser by WIIN. The present GCU allow, among other things, to recall the nature of this Platform and the relationship between the Organizer, the User and WIIN.
To access and respond to the Processes present on the Platform, the User must, in some cases, create a personal account by filling in the following information:
From the creation of his personal account, the User will be able to access the entire Process configured by the Organizer. Upon first logging in, the User will receive a confirmation email in his or her email inbox. Once this email has been validated, the User's account will be activated and the User will be able to access the Platform Processes.
WIIN is not responsible for the proper deliverability of e-mails sent to Users. Users must ensure that they have correctly filled in their email address and must check their so-called "undesirable" or "spam" emails. In the event that an email is received as "unwanted or spam", the User shall configure his or her email inbox and make every effort to ensure that emails sent by the Platform will be properly delivered.
An email sent from the Platform may take up to fifteen (15) minutes to reach the User's inbox.
The email address and password allow the User to reconnect to the Platform after having been disconnected from a previous session.
The User's password is strictly personal and must not be shared with third parties under any circumstances. In general, the User must take personal care to keep his or her information confidential and not divulge or communicate it.
In case of loss of access, the User may request a "forgotten password" by entering his or her email address in the login step.
In case of deactivated account, blocked access or deleted account, the User will have to contact the Organizer in order to clarify the situation. WIIN is in no way responsible for the deactivation, blocking or deletion of a User account in an Organizer's Platform.
However, WIIN wishes to inform Users and Organizers that each Platform is partitioned, unique and has a unique User account base. In fact, if a User creates an account on an Organizer's Platform, his account will not allow him to connect to another Organizer's Platform. The User will then have to create a new account.
In the event of a breach in the security of his personal information, the User must immediately contact the Organiser who will allow him to have new identifiers.
Access to the Platform is free of charge, however, once the User's account has been created and depending on the Process designed by the Organiser, the User may request one or more payment steps in its Information Collection Process. The terms of payment are specific to the Organizer, and WIIN may in no way be held responsible for any problem relating to the payment of a User within the framework of a Process initiated by an Organizer. Only the Organizer is liable for requesting payment from a User.
The User also declares that :
ARTICLE 2 - INTELLECTUAL PROPERTY
The Platform and its contents, and without this list being exhaustive, the texts, images, videos, formatting, graphics, structure, WIIN trademarks, icons and associated logos, are protected by intellectual property rights and titles, registered or not, over which WIIN holds exclusive rights.
However, all content added or configured by the Organizers and without this list being exhaustive, the texts, images, videos, formatting, graphics, structure, Organizer's trademarks, associated icons and logos, documents and information submitted by a User during a Process created by the Organizer, are protected by intellectual property rights and titles, registered or not, over which the Organizer holds exclusive rights.
These elements are protected under the applicable laws on copyright, trademarks and other intellectual property rights and/or unfair and parasitic competition.
Any use in any capacity whatsoever and in any form whatsoever, of these elements protected by titles and intellectual property rights, whether registered or not, without prior authorisation from their holder, may constitute an infringement of his rights and more particularly a counterfeit and/or unfair and/or parasitic use.
ARTICLE 3 - DATA PROTECTION
WIIN and the Organizer are committed to providing the best possible data protection experience, which includes the security, confidentiality and integrity of the data collected from the User. The Platform complies with the requirements of the EU General Data Protection Regulation (GDPR) as defined in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
By using the Platform, the User accepts and consents to the collection and use of the data and information he provides.
The data is stored in France, in the Paris region, on Amazon's servers.
The Organiser may also collect information about how the Platform is accessed and used ("Usage Data"). Such Usage Data may include information such as the IP address of the user's computer, browser type and version, pages visited, time and date of connection, time spent on those pages, unique device identifiers, and other diagnostic data.
The Organizer uses the collected data for various purposes:
to provide and maintain the Platform;
to inform the User of changes to the Platform;
to provide user support;
to gather analysis or useful information in order to improve the Platform;
to monitor the use of the service;
to detect, prevent and deal with technical problems.
WIIN and the Organizer undertake not to sell or exchange Users' personal data to third parties.
Personal data is kept by the Organizer for as long as necessary for the proper performance of the services and needs of the Organizer. The storage period depends on the type of data and its purpose.
Personal data is only stored under the necessary conditions and in accordance with legal obligations (e.g. if the Organizer is required to store a User's data to comply with applicable laws), to resolve disputes and to enforce legal agreements. Personal data shall not be retained for more than forty-five (45) days after the termination of a contract between WIIN and the Organizer.
Information submitted by a User may be kept and transferred by the Organizer from one Process to another or from one Platform to another. Under these conditions, the Organizer must prevent the Use of the transfer of its data. WIIN is in no way responsible for any hidden or abusive use of the data transfer functionality to another Platform or another Process.
The information deposited by a User may be kept and transferred by the Organizer to a third party software. The Platform has integrations allowing this type of transfer. Under these conditions, the Organiser must prevent the Use of the transfer of his data. WIIN is in no way responsible for any hidden or abusive use of the data transfer functionality to third party software.
Information submitted by a User may be stored and transferred by the Organizer on computers located outside the state, province, country of the User where data protection laws may differ from those of the User's jurisdiction. The Organizer may also use a different storage system than that offered by WIIN.
The Organizer is solely and exclusively responsible for the use it makes of the User's data. WIIN does not hold this data and has no right to exploit, exchange, resell or modify it outside the terms and conditions of these GCU.
If the User is located outside the European Union (EU) and chooses to provide information to the Organizer, all data will be automatically transferred by the Platform, including personal data, to the EU. However, the Organiser may transfer the data to service providers located outside the EU for processing, it is the Organiser's responsibility to ensure that adequate safeguards are in place.
The User's consent to these TOU, followed by the submission of the information, represents the User's agreement to the potential transfer of his data.
WIIN takes all measures reasonably necessary to ensure that the User's data is stored securely on the Organizer's Platform and in accordance with these TOS.
Data security is important to WIIN, but it should be borne in mind that no method of transmission over the Internet or electronic storage is 100% secure. Although WIIN strives to use the best practices and the most modern means to protect the personal data of Users, WIIN cannot however guarantee absolute data security.
The User may at any time ask the Organizer to be informed of the personal data held by the latter about him/her. If the User so wishes, the data may be deleted by the Organizer from the Platform.
The deletion of a User's data by an Organizer automatically entails the deletion of all data stored on WIIN's servers in accordance with the regulations in force.
The User may also request to receive a copy of the personal information held by the Organizer. To do so, the User must make the request to the Organizer in question. WIIN cannot act in this process and shall not be held liable in the event of non-compliance with regulations on the part of the Organizer.
Generally speaking, all data collected by an Organizer on its Platform is the absolute responsibility of the Organizer towards the User. WIIN cannot be held liable for any misuse by the Organizer of this data.
ARTICLE 4 - LIABILITY
WIIN's responsibility cannot be engaged in any case :
Generally speaking, the Organizer's liability will always take precedence over WIIN's liability due to the fact that the Organizer is the exclusive operator of its Platform.
ARTICLE 5 - SANCTIONS
In the event of non-compliance with any of the provisions of these GCU, WIIN reserves the right to suspend and/or delete the User's personal account, the Organizer's personal account or the disputed content, at its discretion and without prior warning.
The Organizer also has the right, in the event of non-compliance with any of the provisions of these GCU, to suspend and/or delete the User's personal account, or the disputed content, at its discretion and without prior warning.
WIIN or the Organizer shall not be liable to the User or any third party for any claim or damage resulting from the termination or suspension of an account and related information.
If required by applicable law, the User will be notified of the termination or cancellation of his/her account, the User may be informed before or afterwards by posting on the Platform or by sending a communication to any address (electronic or other) present on the Platform.
ARTICLE 6 - COOKIES
During visits to the Platform, cookies may be automatically installed on the User's browser software.
Cookies are small pieces of text sent to a web browser by a website. A cookie file is stored in the User's web browser and enables the Platform or a third party to recognise the User and to ensure accessibility and navigation on the Platform, as well as to improve navigation performance on the Platform.
Cookies may be "persistent" cookies or "session" cookies. Persistent cookies remain on a computer or on the mobile device used for connection, whereas session cookies are deleted as soon as the User closes his web browser.
In addition to Platform cookies, we may also use various third-party cookies to communicate Platform usage statistics.
By browsing the Platform, the User accepts cookies. They can be deactivated or deleted via the parameters of the browser software.
However, the User should note that by deleting cookies or refusing to accept them, the use of all the Platform's functionalities may be seriously compromised.
ARTICLE 7 - FORCE MAJEURE
WIIN's liability may in no event be invoked if the non-execution or delay in the execution of one of its obligations described in these GCU results from a case of force majeure.
ARTICLE 8 - AMENDMENT OF THE CGU
WIIN reserves the right to modify all or part of the present GCU at any time and the updated version shall be available on the Platform.
The revised version of the GCU shall come into force at the time of its publication, unless otherwise specified.
By continuing to use the Platform after any modification of these TOU, the User agrees to comply with such modifications. If the User refuses the modifications, the User may request the Organiser to close his/her account.
The User is invited to consult the GCU during any connection in order to take note of the changes made.
ARTICLE 9 - INDEPENDENCE OF CLAUSES
In the event that any provision of these TOU is found to be null or inapplicable by a court decision that has become final, such nullity or inapplicability shall not entail that of the other provisions, which shall be deemed valid and shall remain in force between the parties.
ARTICLE 10 - COMPETENT COURT / APPLICABLE LAW
These TOU are subject to French law.
In the event of a dispute relating to the conclusion, interpretation, execution or term of the present GCU, the parties undertake to attempt to settle it amicably before any referral to a court of law.
This obligation to try to find an amicable solution is limited to a period of thirty (30) days from receipt of a letter specifying the facts complained of and the conditions for amicable settlement of the dispute.
In the absence of an agreement in principle within this thirty (30) day period, the parties may resume any freedom of action.
The Courts within the jurisdiction of the Court of Appeal of Paris shall have sole jurisdiction to hear any dispute that may arise in connection with the formation, execution, interpretation or term of these TOS.
We wish you a good use of the Platform.
info : These terms and conditions of use are a translation of the original terms and conditions of use in French. Please refer to the original terms and conditions of use in case of doubts, misunderstandings or inconsistencies. Only the English text is valid.